Child Born To Second Wife - Right......

Today's legal position of Rights of Child Born to Second Wife or Child Born out of a Void Marriage...............

                             

    

- Basically before/ prior to anti Bigamy Acts ( like Bombay Prevention of Hindu Bigamous Marriage Act XXX of 1946 ) a Hindu may marry number of Wives although he has a wife or wives living . 

- That means polygamy is not prohibited in Hindu before Anti Bigamy Acts.

- So prior to anti bigamy acts child born out of second,third.......Etc Marriage is legitimate and entitled share in ancestral, coparcenary joint family property of their parents like child born out of first marriage as Un - Codified Hindu Law.

- After anti bigamy acts second marriage is prohibited & child born out of a second/void marriage is not legitimate so he is not entitled to share in any ancestral , joint family properties of their parents.

- But child born out of second marriage after anti bigamy acts have share in separate / self acquired properties of their parents but child can claim it ir their right will accrue Only on Death of their Father by way of Succession.

- As per S. 16 (1) (2) of The Hindu Marriage Act 1955 ( this amendment is substituted - w.e.f.27- 05 - 1976 ) child born out of Void / Second Marriage is legitimate subject to sub section (3) of S.16 of H.M.Act but prior to amendment child born out of void / second marriage is not legitimate.

- Even though legitimacy is concerned on child born out of a void / second Marriage is not entitled share in the ancestral, joint family property of their parents.

- Question of Property in S. 16 of The Hindu Marriage Act 1955 has qualified it with Self - Acquired property or Ancestral property is placed before Larger Bench for Consideration as per - Revanasiddappa v/s Mallikarjun 2011 SAR ( civil ) 377= 2011(11) SCC 1.

- The above Reference is yet to be decided [ i..e. it is pending.]

..... Relevant Laws ...

- Un Codified Hindu Law's provision in respect of Marriage & Succession.

- Anti - Bigamy Acts of those States which passed such Act.

-  The Hindu Marriage Act 1955.

- The Hindu Succession Act 1956.

.....Relevant Judgement.....

-- Revanasiddappa v/s Mallikarjun 2011 SAR 377 = 2011(11) SCC 1

 - Balkrishna Pandurang Halde v/ s Yeshodabai Balkrishna Halde 2018 (6) Mh.L.J.947 ( In 6 Judgements of Supreme Court are referred ).

.......... Please Comment & give Suggestions....... Which will be  helpful to me to Improve my Blog........